Funding Section 106 of the Act

1. FundingSection 106 of the Act Amount of funds provided: The amount of funds provided under the terms of the contract shall NOT be less than the Secretary would have provided for operation of the program for the period by the contract, had the Secretary provided those services, activities, or program.

2. Funding – Contract Support Costs Contract support costs consisting of an amount for the reasonable costs for activities which must be carried on by a tribal organization to ensure compliance with the terms of the contract and prudent management which: • are not carried on by the respective Secretary in his direct operation of the program; or, • Are provided by the Secretary in support of the contracted program from resources other than those under contract.

3. Funding-Contract Support Costs Contract Support Costs that are eligible costs for the purposes of receiving funding under the Act- shall include the costs of reimbursing each tribal contractor for reasonable and allowable costs: • Direct program expenses • Additional or other expenses related to overhead incurred in the operation of the contract, other than a duplication of any funding already provided under section 106 (a)(1). See (a)(1) above.

4. Funding On an annual basis-in the Annual Funding Agreement, the tribe or tribal organization contractor shall have the option to negotiate with the Secretary the amount of funds the contractor is entitled to receive pursuant to Section 106.

5. Funding For each fiscal year a self-determination contract is in effect and savings is realized in the operation of the contracted program function, service or activity, such monetary savings shall be: • used to provide services and benefits • Expended by the contractor in the succeeding fiscal year as authorized in section 8 of the Act. CARRYOVER FUNDS

6. Funding During the initial year a self-determination contract is in effect, the amount require to be paid under paragraph (2) shall include startup costs based on reasonable costs incurred, will be paid, on a one-time basis, and needed: • To plan, prepare and assume operation of the program or activities subject to the contract; • To ensure compliance of the contract and its management.

7. Funding – Contract Support Cost Cost incurred prior to the initial year may not be included in the amount required in contract funding if the Secretary does not receive prior written notification of the contractor’s Startup Costs prior to the date on which such costs are incurred.

8. Funding • Reductions and increases in funds provided: • Shall not be reduced to make funding available for contract monitoring or administration by the Secretary; • Shall not be reduced by the Secretary in subsequent years except pursuant to: • A reduction in appropriations from the previous fiscal year for the program or function to be contracted; • A directive in the statement of the managers accompanying a report on an appropriation bill or continuing resolution; • A tribal authorization; • A change in pass-through funds NEEDED under a contract; • Completion of a contract.

9. Funds Reductions and increases in funds provided: • Shall not be reduced to pay for Federal functions such as: • Federal pay costs • Federal employee retirement benefits, • Automated data processing, • Contract technical assistance, • Contract monitoring; • Shall not be reduced to pay for costs when Federal personnel are displaced by a self-determination program, service or activity contracted by a tribal entity. • Funds may be increased at the request of the tribal contractor to carry out this Act or as declared in section 105 (c) (Term of self-determination contracts; and annual renegotiation).

10. Funding The provision of funds under this Act is subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe to make funds available to another tribal contractor under the Act. As well, tribes have the authority to return funds to the Bureau of Indian Affairs for distribution to other tribes with no diminishment of Federal Trust responsibility or limitation on right to appropriations.

11. Funding (c)Annual Reports: The Secretary prepares and submits to Congress an annual report on the implementation of the Act. Including: • the total amounts of funds provided for each program • the budgeted activity for direct cost • contract support costs of tribes under self-determination • An accounting of deficiency in funds needed to provide required contract support costs to all contractors in the given fiscal year; • The indirect cost rate and type of rate for each contracting tribal organization that has been negotiated; • The direct cost base and type of base from which the indirect cost rate is determined for each organization; • Indirect cost pool amounts, types of costs included in the indirect pool; • Deficiency in funds needed to maintain the pre-existing level of services, and a statement of the amount of funds needed to enable contractors to convert from a Federal fiscal year cycle.

12. Funding (d). Treatment of Shortfalls in indirect recoveries 1) shall not for the basis for “theoretical over-recovery” or adverse adjustment to any future year’s indirect cost rate, nor any agency seeking to collect such shortfall from the tribal contractor. 2) nothing in this subsection shall be construed to authorize the Secretary to fund less than the full amount of indirect costs associated with a Self-determination contract.

13. Funding – Remedies for Cost Disallowances • Any right of action or other remedy (other than those relating to a criminal offense) relating to any disallowance of costs shall be time-barred unless the Secretary has given notice of such disallowance within three hundred and sixty-five.

14. Funding • Upon the approval of a Self-determination contract, the Secretary shall add to the contract the full amount of funds to which the contractor is entitled under Section 106(a), subject to adjustments for each subsequent year.

15. Funding-Construction - Indirect • Calculating the indirect costs of construction programs, the Secretary will only review those costs associated with the “administration” of the contract, and not those moneys actually passed on to and possibly administered by construction contractors and subcontractors.

16. Funding • The Secretary shall consult on budgetary needs by soliciting the Indian tribes and tribal organizations in developing the budget (including participation formulating annual budget requests the Secretary submits to the President) for the Indian Health Service and the Bureau of Indian Affairs.

17. Funding • A tribal contractor may use funds provided in a Self-determination contract to meet matching or cost participation requirements under other Federal or non-Federal programs.

18. Funding – Allowable Use in Support of a 638 contract • Depreciation and use allowances, including depreciation of facilities owned by the tribe or tribal organization. • Publication and printing • Building, realty, facilities, rental and mortgage expenses • Data processing • Costs for capital assets and repairs • Management studies • Professional services – other than judicial • Insurance and indemnification • Costs incurred to raise funds • Interest expenses paid on capital expenditures • Expenses of a tribal governing body attributable to a contracted program • Costs associated with the management of pension, self-insurance, etc. • Cite section 106 (k)

19. Funding – Suspension, Withholding or Delay • The Secretary can only Suspension, Withholding or Delay payment of funds for 30 days beginning on the date the Secretary makes a determination that a tribal contractor has failed to substantially carry out the contract with good cause. • The Secretary must notify the Contractor in writing in a timely manner, offer technical assistance and/or a hearing on the record not later than 10 days, or a date as the tribal org. shall approve. • The burden of proof stands with the Secretary.

20. Funding-Income Earned • Income earned by a program shall be used to further the purposes of the contract • and not be a basis to reduce the funds obligated to the contract.

21. Funding • A savings as a result of reduction of administrative as well as other responsibilities by the Secretary: • The Secretary shall make those savings available for provision of additional services to program dither directly or through contractors, in a manner equitable to both direct and contracted programs.

22. Funding • A tribal organization that carries out a Self-determination contract may within the approved budget of the contract, rebudget to meet contract requirements, if such rebudgeting would not have an adverse effect on the performance of the contract. Within the approved budget.

23. Funding • Funds available, including contract support costs or indirect costs, to the Department of the Interior, the Indian Health Service, or Self-Governance compacts, shall only be expended for costs directly attributable to contracts, grants and compacts pursuant to the Indian Self-Determination Act.